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The Himachal Pradesh Courts Act, 1976

Act 23 of 1976

Keyword(s): Civil District or District, District Judge, High Court, Official Gazette, Small Cause Amendments appended: 10 of 1980, 16 of 1984, 1 of 1995, 16 of 2001

402 . H.P. ACTS, NOTIFICATIONS AND RULES (H.P. CODE VOL. 811) THE HIMACHAL PRADESH COURTS ACT, 1976

(ACT No 23 OF 1976)l ARRANGEMENT OF SECTIONS

Sections : a PART -I

PRELIMINARY

1. Short-title, extent and commencement, 2. Definitions.

PART 11

CHA~TER I SUBORDINATE CIVIL COURTS

\ 1 3. Classes of Courts. 4. Civil Districts. 5. District Judges. 6. Additional District Judge. 7. Assignment of functions of District Judge to Additional District

Judge. 8. Subordinate Judge. 9. District Court to be principal Civil Court of original

jurisdiction. 10. Original jurisdiction of Civil Courts. . 11. Original limits of Subordinate Judges. 12. Local limits of jurisdiction. 13. Power to invest Subordinate Judge with Small Cause Court jurisdiction. 14. Exercise by Subordinate Judges of jurisdictionof District Court in

certain proceedings. 15. Place of sitting of Court. ' 16. Control of Courts. 17. Power to distribute business. 18. Ministerial officers of Courts. 19. Delegation of District Judge's power.

CHAPTER I1

APPELLATE AND REVISIONAL JURSSDICTION IN ' CIVIL CASES

20. Appeals from District Judges or Additional District Judges. 21. Appeals from Subordinate Jud ges. 21-A. Power of the Chief Justice to transfer pending appeals and

proceedings t o District Courts. 22. Power to transfer to a Subordinate Judge appeals from other Sub-

ordinate Judges. -- - ------ ----

1. For Statement of Objects and Reasons, see R.H.P. Extra., dated the 26th March, 1975, p. 379, and for its authoritative Hindi text see R.H.P. Extra dated 12-12-87 p. 2391.

I

H.P. COURTS ACT, 1976 403

CH.APTER 111

SUPPLEMENTARY PROVISIONS

23. Mode of conferring powers. , 24. Continuance of powers of officers.

25. Provisions regarding petition writers. 26. Control of list of holidays. 27. Seal. 27-A. Certain provisions to override other Iaws. 28. Temporary vacancies of office of District Judge. 29. Power to make rules. 30. Repeal and savings.

--

(Received tha assent of th.: Governor on the 26th May, 1976, and was published in R.H.P, Extra., dated the 4th Jane, 1976 at p. 1275-1282)

kmended, repealed or otherwise affected by :-

( i ) H. P. Ordinance 1 of 19801 replaced by H. P. Act No. 10 of 19802 assented to bythe Governor on 24-11-1980 and published ia R.H.P. Extra Dated 27-11-1980, P. 1386.

(ii) H.P. Act Na. 16 of 19843 asqented to bythe President on 11-7-1984 and published in R.H.P. Extra dated 25-7-1984 P. 1147.

( i i i ) H.P. Act No. 1 of 19954 assented to by the Governor on 23rd Feb., 1995 and published in R.H.P. Extra., dated 4-2-95 P. 521- 524.

An Aet to enact a law relating to Courts in Himachal Pradesh.

BE i? snacted by the Legislative Assembly of Himachal Pradesh in the Twenty-seventh Year ofthe Republic of India as follows :-

PRELIMINARY

1, shore title, extent and commencement.-(1) This Act may be called the Himachal Pradcsh Courts Act, 1976.

(2) It shall extend to the whole of Himachal Pradesh. (3) I t shall,come into force at once.

3- : -------

1. Ordinance come into force w.e.f. 5-7-80 vide Home Deptt. notification No. Home-11- (A)3-11/78 dated 2-7-1980 published in R.H.P. Extra dated3-7-1980, p. 600, 2. FBT Statement of Objects and Reasons see R.H.P. Extra dated 11-10-1986 p. 914. 3. For Statement of Objects and Reasons see R.H.P. Extra dated 15-3-1984 p. 472. 4. For Statement of Objects and Reasons see R.H.P. Extra., dated 19-12-1994,

P. 5244.

404 H, P. ACTS, NOTIHCATIONS AND RULES (H. P. CODE YOL. 111)

2. ~)efinitions.--In this Act, unless there i s anything repuguant in the subject or context,-

(a) "civil district" or 'district ' means the local limits of the jurirdicticn of a principal Civil Court oforiginal jurisdiction; . (b) "District Judgsy'shall include an Additional District Judge ;

(c) uGovernment" or "State Government" means the Government of Himachal Pradesh ;

(d)

H. Pa COURTS ACT, 1976 40 5 7. Assignment of functions sf District Judge to Additionat1 District

Judge.--Th: High Court or the District Judge may aszigra to an Additional DIstrict Judge any ofthe functions ofthe District Judge including the functions of receiving and registering cares and a.ppeals, which, but for such assignment of functioxlr could be instituted in the Court of District Judge and in the diqcharge of thore f~nctions the Additional District Judge shall, notwith- standing anything contained in the Act, exercise the same powers as the District Judge.

8. Subordinate J ~ d g e . - - ~ h - State Government may, fr om time to time, after consultation with the High Court, fix the number of Subordinate Judges to be appointed. -

*

9. District Court to be prlneipal Qvfl Csanrt 01 orIginall jurisdB'ctlon.-The Court of the District Judgc shall be d e ~ m d to be the District Court or principal CivilCourt oforiginaljurisdictioninthe district. '

10. Ora'ghali jurisdiction of Cbil Courts.-Save as otherwise provided by any other Iaw for the time bl-ing in force, the Court of thc District Judge shall have jurisdiction in all origin31 civil suits, the value of whichdoes not exceed '[five lakh rupees].

#

11. Original Biniks of Subprdirmale Judges.--Subject to the limit specififd inwction 10, the jurisdiction to beexercicd in original civil suit as regard$ the value by any person appo:nted to b;. a Subord~;nate Judge shall be deterrnincd by the High Court either by including him in a class or otherwise as i t thinks fit.

82. Local limits of jhrisdictim-(l) The local limits of the juri c dic. tion of a Subordinate Judge shall be such as the High Court may defin~.

(2) When the High Colat posts a Subordinate Judge to a district, the local limits ofthe district sltall,in thc absence of any direction t o the contrary, be deemed to be the local limits of his jurisdlction.

13. Power 40 invest Subordinate Judge with Small Cause Conrt jndsdic- tiofin-The High Court may, by notification in the Official Gazette, confer

within such local limits as i t thinks fit, upon m y Subordinate Judge, the , jurisdiction of a Judge of a Court of Spall Causes under the Provincial Small

Cause Courts Act, 1887 (9 of 1887), for the trial of suits, cognizable by such . Court, upto such value not exceeding two thousand rupees as it thinks fit, and mo,y withdraw any jurisdiction so conferred.

14. Exercise by Snbordinate Judges of jurisdiction of District Conrt in cerlain proceedings.-(I) The High Court may, by general or special order and subject to the psovkions of any other law for the time being in force, authorise any Subordinat: Judg: to take cognizance of, arad any District Judge to transfer to such a Subordinate Judge under his control, any proceedings or any class of proceedings, specifiedin such order under :-

(a) the Itadian Succession Act, 1925 (39 of 1925), (6) the Guardians and Wards Act, 1890 (8 of 1890), and (c) the Provinoial Insolvency Act, 1920 (5 of 1920).

--- --L-i--- ---- -- - ----

1. Subs. "two lakhs" for-fifty thousand rupees" vide Act NO. 16 of 1984-Sec. 2 and subsquently Subs. "five lakhs" ror "two lakhs" vide Act No. 1 of 1995-Sec.2

(2) The District Judge may withdraw any such proceedings taken cog- nizance of by, or transferred to, a Subordinate Juc'ge and may aither himself dispose of them or transfer them to any other Court under his control compe- tent to dispose of the same.

(3) Proceeding.; taken cognizan~e of by, or transferred to, Subordinate Judge, as the case msy be, under this szction shall Be disposed of by him, subject to the rules applicable to like proceedings in the Court of the District Judge.

15. Place of sitting of Court.--(I) The High Court may fix the place 'or places at which any Court under this Act is to be held.

(2) The place or- placzs so fixed may be beyond the local limits of the jurisdiction of the Court. (3) Except as way b: ofherw;se provided by any order under this section,

a Court under this Act mny b; held at any place within the local limits of its jurisdiction.

16. Control of Courts,-Subject to the general superintendence and co;l?rol of the H,gh Csu-t, the DIstrict Judgs shall have control over all the Civil Courts u 1d5r this Act within the local limits of hisgurisdiciion.

17 Power to distributi business.-Notwitllstanding anything contained in f he Code of Civil Procedare (5 of 1908), every District Judge may by wiitten order ~ i rec t thst any civil business cogo'zable by fis Court and the Courts und=r his control shall bs distributed among such Courts in such rnanner'as he thinks fit :

Provid2d thst no direction issued under this section shall empower any Court to exercise any powers or deal with any business ljeyond the limits of its jurisdiction .

18. ~inisteria! officers sf Gonrts.-(1) The ministerial officers of the District Court other than Superhtendent of the Court shall be apoointed by the District Judge. Thr Superintendent of the District Court shall be appoint- ed by the High Court.

(2) The ministelid officers of Civil Courts, under the control of the District Judge, shall be appointed by the District Judge.

(3) Every appointment under this section shall be subject to such rules as the High Court with the prior approval of the Government may makd in this behalf.

(4) Am order passed by a District Judge under this section shall be . . liable to bs reversed o~ modifi.:d oy the High Court,

119. Delegation of District Judge's 1Pewers.-A District Judge may, with the previous sanstion of the High Court, delegate to any Subordinats J-edge in the district, the power conf~rred on him by Bection 18(2) of this Act to be exercised by the Subordinate Judge in any specified portion of the districts, subject to the control of the District Court.

%I6 P. COURTS ACT, 1976 407

CHAPTER I1 APPELLATE AND REVISIONAL JURISDICTION IN CIVIL

CASES

20. Appeals from District Judges or Additional District Judges.--(I) Save as otherwise provided by any enactment for the time bsing in force, an appeal from a decree or order of a District Judge or Additional District Judge exercising original jurisdiction shall lie to the High Court.

(2) An appeal shall not lle to the High Court from a decree or order of an Additional District Judge in any case, in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.

21, Appeds from Subordinate Judges.-(I) Save as aforesaid, a n appeal from decree or order of a Subordinate Judge shall lie-

(a) to the District Judge where ths value of the original suit in which the decree or order was made did not exceed l[two lakh rupees;) and I

(b) to the High Court in any other case. . (2) whzre the function of recsiving appeals which lie to the District Judge

under sub-section (1) has been assigned to an Additional District Judge, the appeals may be preferred to the Additional District Judge.

(3) The High Court may by notification direct that appeals lying to the District Court from all or any of th3 decrees or orders passed in an original suit by any Subordinate Judge shall be preferred to such other Subordinat: Judge as may be mentioned in the notification and the appeals shall thereupon be preferred accordingly and the Court of suoh other Subordinate Judge shall be deemed to be a District Court for the purposes o[aB appeals so preferred.

2 1 - A . (1) Power of the Chief Justice to transfer pending appeals and P roceedings to Subordinatg Civil Courts.-The Chief Justice of the High Court of Himachal Pradesh may transfer any suit, appeal or proceedings, whichis or are pending before the High Court of Himachal Pradesh immediately bzfore t he commencement of the Himachal Pradesh Courts (Amendment) Act, 1994 t o such a subordinate Civil Court in Hiinachal Pradesh which would have jurisdiction to entertain such suit, appeal or proceedings, had such suit, appeal or proceedings been instituted or filed for the first time after such commencement ."

- -

1. Subs. ccTwenty-five thousand rupees" for "ten thousand rupees" vide Ordinance No. 1 of 1980, replaced by H. P. Act No. IQ of 1980 and subs. "fifty thousandrupees" vtdeAct No. 16of 1984-Sec. 3 & further subs. "two lakh rupees" for "fifty thousand rupees" vide Act No. 1 of 1995-sec. 3.

2. Sec. 21-A added vide Ord. No. 1 of 1980 replaced by Act No. 10 of 1980, Sec, 3 w.e. f. 5-7-80 and subsequently renunbed as sub-section (I) and sub section (2) added videAct 16 of 1984, Sec. 4 and further subs. vide Act No. b of 1995 sec. 5

h 408 H. p. ACTS, NOTIFICATIONS AND RULES (H. P. CODB VOL. 111)

22. Power to transfer to a Subordinate Judge appeals from other fhbordlnate 4udges.-(1) A District Judge may transfer any appeal pending before him from the decrees or orders of Subordinate Judges to any other Sub- ordinate Judge under, h ~ s administrative control competeat to dispose of the same. ,

(2) The District Judge maywithdraw any appeal so transferred and a either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of the same.

(3) Appeals transferred under this section shall be disposed of subject to thz rules . applicable to like appeals when disposed of by the District Judge.

(4) The powers conferred by this section shall beeexercised subject to suchgeneral or special ordersas may from time to time be issued in this behalf by the High Court.

CHAPTER 111

23. Mode of conferring powafs.--Except as otherwise provided by this Part, any power that may be conferred by the Iiigb Court on any person under this Part may be cdnferred on such person either by name or by virtue of office.

24. Continuance of powers of officers.-Whenever any p a w n holding an office in the service of Government who has been invested with any power under this Part throughout any loCal area is transferred or posted at any sub- sequent time to an equal or higher office of the same nature within a like local area, he shall, unless the High Court otherwise directs or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.

25. Provisions regarding patition writers.-The High Court may from time to time make rules consistent with this Act and any other enactment for the time being in force.-

(a) declaring what persons shall be permitted lo act as petition-writer ' in the Courts sqborllinatc thereto;

(b) regulating the issue of licences to such persons, the conduct of business by them, andthe scale of fees to be charged by them; and

(c ) determining the authority bywhich breaches of such rules shalI be investigated and the penalties which may be imposed.

26. Control of list of holidays..-(1) The High Court shall prepare a list of days to be observed in each year as holidays in Civil Courts subordinate thereto.

(2) Every such list shall be published in the Official Gazette,

Ef. P. COURTS ACT, 1976 4c9

27. Seal.-Evs'ry Court constituted under this act shall use a sea] of such form and design as are or may be prscribed by the High Court.

1[27-A. Certain provisions to over-ride other laws.--The amendments made in this Act by the Himachal Prade: h Court (Amendment) Act, 1984 shall have effxt notwithstanding anything inconsistent therewith contained in sub-section (3) of stction 17 of the Delhi High Court Act, 1966 and in section 23 of the State of Himachal Prsldesh Act, 1970.1

28. Temporary vacancies of office of District Judge.- In the cvcnt of absence of the District Judge or in the event of a vacancy in that office for wnatevcr reason, the Additional District Judgc or i f there arc more than one Additional District Judges prescnt, the first in rank among tEc nl end in case ther: be no Additional District Judgc present, the first in rank among the Sub ordinate Judges present, shallin addition to his own duties, dis- chirge the functions of the District Judge with rdspect to the filing of the suits and appcals, receiving pleadings, ~isccllaneous app!ications and the like, as also with respect to the distribution thcrtof.

29. Power to make rules.--(1) The N'gh Court may from time to time make rules consistent with this Act and ans, other law for tht time being in force for the purpose of carryinginto effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by sub-section (1) such rules may provide for all or any of the following matters :-

(a) for the supervision of all Courts subordinate to thfljgjgh Court and their visitation and inspection ;

(b) for the translation of any paper in the High Court and the pre- paration of paper books for the hearing of appcals and the copy- ing or printing of any such papers or translation and the recovery from the pcrsons at whose instance or on whose behalf papers are filed, of the expenses thereby incurred ;

(c) the fees to bs charg?d for processes issued by the Civil Courts, or by any officcr of any such Court and the fee payable in any suit or proceeding in any such Court by any party to such suit or proceeding in respect of the fees of the pleader of any other partytosuchsuit or proceedings ;

(d) the manner in which the proceedings of Civil Co.urt shall be kept and recorded, the manner in which paper books for the hearing of appeals shall be prepared and the granting of copies ;

(e) all matters relating ;o officers of Court. 30, Repeal and savings.--(l) The Punjab Coults Act, 1918 (6 of 1918)

as in force in the areas added to Himachal Pradesh under section 5 of the Punjab RE-organfsation Act, 1966 (31 of 1966) and the Himachal Pradesh (Courts) Order, 1948 as in force in the areas comprised in Hjrnaohal Pradesb immediately before 1st November, 1966 are hereby repealed : 7 ------------

1 Added vide Act No. 16 of 1984, Sec. 5 .

THB HIMACHAL PRADBSH COURTS (AMENDMENT) ACT, I980 (Act Na I f l of 198.1)'.

(Received the assent of the Governor, Himachal Pradcsh on the 24th November, 1980 and was published in R.H.P. Extra, dated 27- 1 1-1980, p. 1386) An Acl fo amend the Hi~nachal Prudesh Courrs Acr, j976 (23 o j 76).

It is hereby enacted by the Legislative Assembly OF th-: Hirnachai Pradesh In the Thirty-first Year of the Republic of India as follow :-

1. Shofi title dnd commencement .-< 1) This Act may be called the Himachal Pradesh Courts ('Amendment l Act, 1980.

(2) It shall and shdl always be deemed to have come into force on the 5th day of duly, 1980.

, 2. Amenhent if section 21.-in clause a) o!? aub-section, (1) - of section 21 of tbe Bimachal Pradesh Cautts Act, 1976 (23 of 19761, (hereinafter ailed tbe principal Act) for the words "tea thousand rupecs" the "twent y-five thousand rupces" shall be substituted.

, 3. Addition of sec#fua 21-A*--Aftm sectida 21 of the principal Act , the following new sc~tion 21-A along with its bcading shall be addcd, namely :-

"2 I-A 'Pawet of rh Chief Jutice to rra&fer- pradung appeals and pro&edhrg.r i p bisrrici '~&.mIp.-'ihe Chief Jus t i~e of: lhe H~gh Court of Himachal Pradesh may transfer a n y appeni or other proceedings, which are pending beforc tbc High Court of Himachal Pradesb jmmediatcly before the 5th day of Suly,l9&O,

- to the District Court, in the State of Himachal Pradesh which would havc jurisdictioq to-eritertain such appeal or pramdings,

8 had such appcaJ or proceedings been institutetor filed for the &st time after the 5th day of July, 1980." . .

- 4. Repeul and snvings.-The Himachal Pradesh Cuutk- (Amend- ment) ~rd~nmce, 1980 (1 of 1980) is herrby repealed ;

Provided that anything done, any notification issued or nny action taken under the Said Oidinance shall be deemed to ha+e been done. issued ; or taken under this Act, as ir this Act had come into force with cffcct from the 5th day or July, 1980-*

-

1. ,For statement of Objecls &d Reasons, see* R.H.P. P. Extra, dt. 11-I0 1980, p. 914.

: 2. Ord. came into force w, e. L 5-7- 1980 vide Home Deptt. Not. No. Home II (A) 3-1 1/78 Dated 2-7-1980, published in R H.P. Extra, dated 3-7-1960, p. tiW.

. .

(b) to review the Co-operative movement ana, to suggest ways Tor co-ordlnat ing the activities or the co-operat ive societies In the State;

(c) to suggest ways and means to remove the difficulties experienced by the co-operative societies in the State in the adn~lnistration;

(d) to make sua mtu recommendation to the State Govern- ment In regard to any matter relatlng to the adminlstro- tlon of co-operative societies;

(e) to report to the State Government on such matters as may be referred to i t by the State Government for its opinion;

(I) the Cou~icil should nleet at least once a year wi th the prlor concurrence o f the Chairman; and

(g) the term of the non-oCilciat nomfnated members' of the Councll as rnentloned In clause 2 I l v l above shall be one year provided that the same is extended by the Govern- ment from t l m e to time.

[R.H.P. Dated 27.10.1984, P. 1275)

THE HIMACHAL P R A D E H COURTS [AhlENDMENT) ACT, 1984

(Act No. 16 o l 1984)'

ARRANGEMENT OF SECTIONS

I. Short title and commencement. 2. Amendment of section 10. 3, Amendment of section 21. 4. Amendment of section 21-A. 5. Insertion of section 27-A; (Received the assent or the President of India on the 11th July,

1984 and was published in R.H.P. Extra. Dated the 25th July, 1984 at page 1 1471.

An Act to enhance the pecuniary jurisdiction or the subordinate courts In the State of Himachal Pradesh and further t o amend the

- Himachal Pradesh Courts Act, 1976 (23 of 1976).

BE It enacted by the Legislative Assembly of the Himachal Pradesh in the Thirty-fifth Year of the Republic of India, as follows :--

I. Short tltle and comrnencerneot.-(1) This Act may be called- the Himachal Pradesh Courts {Amendment) Act, 1984. ~

(2) It shall come Into force ac once.

2. Amendment of section 10.-In section 10 of the Hirnachal Pradesh Courts Act, 1976 (Act No. 23 of 19761, [hereinafter called the principal .Act) Tor the words " f i f ty thousand rupees", the words "two lakh rupees" shall be substituted.

3. Amendment o r section 21.-For the words "twenty- f ive thousand rupees" occurring in clause (a) or sub-section ( 1 ) or section 21 of the principal Act, the words " f i f ty thousand rupees" shall be substituted.

4. Amendment o f xc t ion 21-A,-The existing section 21 -A or t h e principal Act shaIl be renumbered as sub-section ( 1 ) and thereafter t h e foIlowing new sub-section (2) shall be inserted, n a m e l y :--

''(2) The Chief Justice o[ the High Court of Himachal Pradesh may transfer any appeal. suit or other proceedings which i s or are pending belore the High Court of Hirnachal Pradesh immediately belore the commencement or the t4irnachal Pradesh Courts (Amendrncnt) Act , 1984 to such a subordinate court in the State or H l m o c h a l Pradesh which would have jurlsdicrion to entertain such appeaI, suit or proceedings, had such appeal, suit or proceedings been instituted or riled lor the iirst time after such commencement."

5. Insertion of section 27-A.-After existing section 27 of rhc principal Act, the lollov~iog new sect ion 27-A, alor)gw-it h i t s heading, shall be Inserted, namely :--

"27-A. Certain provisions to over-ride other laws.-The amendments made In this Act by the Himachat Pradesh Courts (Amendment) Act , 1984 shall have elfect notwithstanding anything inconsistent therewith contained in sub-section (3) of section 17 of the D e l h i High Court Act, 1966 (26 of 1966) and in section 23 or the State of I-lirnachal Pradesh Act, 1970 (ACE NO. 53 of 1970)."

Under

THE HIMACHAL PRADESI.1 COURTS ACT, 1976

Appointments and Delegations

I IIMACt lAL I - ' IZADEI l I IIGI I COURT

Shlmla-I, the 5th June, 1984 .-.

No. 1 Il-IC/Admn. E(Z4) 174-6646.-1 n ex&cise u i the powers vested in them by sections I t and 12 or the t l imuclial Pradcsh Courts Act, 1976 (Act No. 23 of 1976) Hon'ble Chlel Justice and judgcs are pleased

Act, 1968 and all other powers enabling him in this behalf, Hon'ble the Chief Justice is pleased to appoint the Registrar of the High Court of Himachal Pradesh as Taxing Oficer for the purpose of Sub-section (1) of section 5 of the Eliniachal Pradesh Court Fce Act, 1968.

(R.H.P. dated 4-1 1-1 995. P. 1343).

AUTHORITATIVE ENGLISH TEXT

FHE HIMACHAL PRADESH COURTS (AhENDMENv ACT, 1994

ARRANGEMENT OF SECTIONS Sections ;

1. Short title. 2. Amendment of section 10.

3. Amendment of seaion 21. 4. Subst iVution of section 21 -A.

(Received the assent of the Governor, Hirnachal Pradesh, on the 3rd February, 1995 and was published in Hindi and English in R.H.P. Extra., dakd 4th Fkbruary, 1995 at pages 523 and 524). An Act $vtlter to amend fire Hirnachal Prades11 Curtrts Act, 1976 (Act

No. 23 of 1976). BE it enacted by the Legdative Assembly of Himachal Pradesh in

fie Forty-fifth Year of the Republic of India, as folIo~vs : --

'1. Sbart title.-This A d may be calIed the Himachal Pmdesh Courts (Amend~~ent) Ad, 1994. 2. ' Amendment of section 10.7- m i o n 10 of the Himacbal Pradesh

Caul* Act, 1976 (23 of 1 976) (hereinafkr called the principal Act), for the words '%wo lakh", the words "five lakh" shall be substituted.

3, Amendment of d o n 21.-In section 21 of the principal Act, for he words "fifty thousand", the words "two lakh" shall h substibuted.

4. Substitution of section 21-A,-For section 21-A of hhe principaI Act, the followiig section shall be substituted, namely :-

L21-A. Po~u~rs of tlte Chief Jllr l ice to framfer pa~iiitrg ~ [ ( i f ~ , appeals or proceedings to Subordinate Civil Courw.-The Chief Jusl .ce of *he High Court of Hima chat Pradesh may t msfer

- C- ' - ----

1. Passed in Hindi by thc Himachal Pradesh Vidhan Sabha. For Slaten~cnt of Objects and Rcasons sce RH.P. Extra. datad 19-12-1994, P. 5242 & 5244.

any suit, appeal or proceedings which is or arc pcndng before the High Coud of Himacbal Fradesh immediately before the commen~ernent of the HimachaI Pradesh Couds (Amendment) Ad, 1994 to such a Subordinah Civil a u r b in Himachal Pradcsh which wodd have jurisctiction 40 entertain such suit appeal or proceedings, had such suit, appcal or pro- coedin@ been instiuted or fiIed for the first time after such commencement."

C

NOTlFICATImS

THE HL'MACHAL PRADESH COURTS ACT, 1976

APPOINTMENTS AND DELEGATIONS

HIGH COURT OP HIMACHAL PRADESH

No. ~~cI~dmn.6(22)/7kfV-l0j74.--~o~quent upon the esiabli&- menb of a new Civil Sessions Division K h a u t comprising of Kinnaur District . Spiei Sub-Division of Lahaul and Spiti District, Anai Sub- Division of Kullu Districb and Rampuc Sub-Division of Shimla Districb by the Government vide not3icatiou No. Home-B(G)6195, dated 30-6-1995;, Hon'ble obs Chief J h and 3udges in exercise of bhe powers vesped in ahem under proviso to section 5 of the Bimachd Pradesh COW Acf 1976 and section 9 of Ohe Code of CrimiaaI Procedure, 1973 are p l w d to appoint the District and Sessions Judge, Shimla to be t6e

I District and Sessions Judge for Civil and Sessions Division Kianaur with immediate effec* till f h r h r orders. He shall dispose of the cases of the aforesaid Civil and Sessions Division in addition to bis own duties of District and Sessions Judge, ShimIa Division.

L_CC

(R.R.P. dated 22-6-1999, p, 760.) -

< No, HHC/Admn.6(22)74-YI644M.-Hon'bIe the Chief Justice and Judges in exercise of Ohe powers vestd in them under section 9[4) of the Cade of Criminal Procedure and proviso to section 5 of the Hhachal Pradesh Comb Act, 1976 (Act No. 23 of 1976), are pleased to a pointr (he DiOlicl and Sessions Judge Sir maw at Nahan and Additional 8irtrit( and W o n s Judge, Sirmaur at Nahan as ~e Adeonal District and Sessim Judgks for Sohn Civil and Sessions Division with immcdiato effed.

on the valuc of any stamps supplied to him for custody and sale upon the salc thereof,"

(b) Aficr sub-rule (i) so substituted, thc following new sub-rule (i-A) shall be added7 namely:-

"(i-A) Pustfiiasters inciuding subordinate and branch postmasters and persons appointed by -post ofices to sell revenue stamps shall not be required to obtain a licence to selI rcvcnue stamps.".

(c) After item &)of Schedule of rate of discount, the following new item (c) shall hc add4 namely:-

"(c) The Department of Post and TeIe~aphs, Government of India shall be allowcd a discount at the ratc 10% on the sdc of "Rcvcnue Stamps."

(RH.P.Exba., dated 24.12.2002, P. 3707-3708)

TIE IUMACHAL PRGDESH COURTS (AMENDMEhT) ACT, 2001 ARRANGEMENT OFSECrIONS

Sections: 1. Short title

THE: HIIMACHAIL PRADESH COURTS (AMENDMENT) Am, 2001 ( A m NO. I6 OF 2001)'

(Reccivcd the asscnt of the Governor, HImaehal Pradesh on thc 18th September, 200land was published in Hindi and English in RH.P. Exes., dated 13.9.2001, P 2561-2562). An Act further to amend the Himachal f radesh Courts Act, I976 (Act No.

23 of 1976). BE it enacted by the Legislative Assembly of the Himachd Pradesh in

the Fifiy-second Year of the Republic of India, as follows:- I . Short title .- This Act may bc called the Himachal Pradesh Courts

(Amendment) Act_ 200 1.

1 . Passed in Hindi by the h a c h a l Predesh Vidhan Sabha. For Statement of Objects and Rzasnns bee R.H.P. Extra., dated 22.8.20q1, P. 2024 & 2027.

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